§ 22-42-1 Definition of terms
§ 22-42-2 Unauthorized manufacture, distribution, counterfeiting or possession of Schedule I or II substances as felony–Mandatory sentences
§ 22-42-2.1 Written prescription required to dispense Schedule II substance–Refills prohibited–Felony
§ 22-42-2.2 Oral prescription permitted for Schedule II substance under specified conditions
§ 22-42-2.3 Mitigating circumstances–Departure from mandatory sentence
§ 22-42-2.4 Conspiracy to commit violation of § 22-42-2–Punishment same as provided under that section.22-42-2.5
§ 22-42-3 Unauthorized manufacture, distribution, counterfeiting or possession of Schedule III substances as felony–Mandatory sentences
§ 22-42-4 Unauthorized manufacture, distribution, counterfeiting or possession of Schedule IV substances as felony–Mandatory sentences
§ 22-42-4.1 Prescription required to dispense Schedule III or Schedule IV substance–Refill restricted–Felony
§ 22-42-4.2 Schedule II, III, or IV substances to be distributed only for a medical purpose.22-42-4.3
§ 22-42-5 Unauthorized possession of controlled drug or substance as felony
§ 22-42-5.1 Unauthorized ingestion of controlled drug or substance as felony
§ 22-42-6 Possession of marijuana prohibited–Degrees according to amount
§ 22-42-7 Distribution or possession with intent to distribute specified amounts of marijuana
§ 22-42-8 Obtaining possession of controlled substance by theft, misrepresentation, forgery, or fraud
§ 22-42-9 Manufacture, distribution, or possession of equipment for making counterfeit controlled substance as felony
§ 22-42-10 Keeping place for use or sale of controlled substances as felony
§ 22-42-11 Inhabiting room where controlled substances illegally stored or used as misdemeanor
§ 22-42-12 Civil fine for violation of regulatory provisions–Additional fine remitted to drug abuse or rehabilitation program
§ 22-42-13 Criminal penalties in addition to civil and administrative penalties
§ 22-42-15 Ingesting substance, except alcoholic beverages, for the purpose of becoming intoxicated as misdemeanor–Venue for violation
§ 22-42-15.1 Possession, sale, or distribution of certain substances for the purpose of intoxication as misdemeanor
§ 22-42-16 Delivery or manufacture of noncontrolled substance represented to be controlled substance as felony
§ 22-42-17 Controlled substances obtained concurrently from different medical practitioners–Misdemeanor
§ 22-42-18 Definitions of terms used in §§ 22-42-19 to 22-42-21, inclusive.
§ 22-42-19 Drug free zones created–Violation as felony–Sentence–Defense
§ 22-42-20 Violation of drug-free zones as separate count in indictment
§ 22-42-21 Lack of knowledge as to age of minor not a defense
§ 22-42-22 Possession of Salvia divinorum or salvinorin A prohibited–Felony or misdemeanor

Terms Used In South Dakota Codified Laws > Title 22 > Chapter 42

  • Children: includes children by birth and by adoption. See South Dakota Codified Laws 2-14-2
  • Consideration: any type of property or thing of legal value, whether delivered in the past, present or to be delivered in the future. See South Dakota Codified Laws 22-1-2
  • Controlled drug or substance: a drug or substance, or an immediate precursor of a drug or substance, listed in Schedules I through IV. See South Dakota Codified Laws 22-42-1
  • Conviction: A judgement of guilt against a criminal defendant.
  • Counterfeit substance: a controlled drug or substance which, or the container of labeling of which, without authorization, bears the trade-mark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person or persons who manufactured, distributed, or dispensed such substance and which thereby falsely purports or is represented to be the product of, or to have been distributed by, such other manufacturer, distributor, or dispenser. See South Dakota Codified Laws 22-42-1
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Deliver: or "delivery" the actual or constructive transfer of a controlled drug, substance, or marijuana whether or not there exists an agency relationship. See South Dakota Codified Laws 22-42-1
  • Dispense: to deliver a controlled drug or substance to the ultimate user or human research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for such delivery, and a dispenser is one who dispenses. See South Dakota Codified Laws 22-42-1
  • Distribute: to deliver a controlled drug, substance, or marijuana. See South Dakota Codified Laws 22-42-1
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Firearm: any weapon from which a projectile or projectiles may be discharged by gunpowder. See South Dakota Codified Laws 22-1-2
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Government: the United States, any state, county, municipality, school district, or other political unit, or any department, agency, or subdivision of any of the foregoing, or any corporation or other association carrying out the functions of any of the foregoing. See South Dakota Codified Laws 22-1-2
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Manufacture: the production, preparation, propagation, compounding, or processing of a controlled drug or substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis. See South Dakota Codified Laws 22-42-1
  • Marijuana: all parts of any plant of the genus cannabis, whether growing or not, in its natural and unaltered state, except for drying or curing and crushing or crumbling. See South Dakota Codified Laws 22-42-1
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Person: any natural person, unborn child, association, limited liability company, corporation, firm, organization, partnership, or society. See South Dakota Codified Laws 22-1-2
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Practitioner: a doctor of medicine, osteopathy, podiatry, dentistry, optometry, or veterinary medicine licensed to practice his profession, or pharmacists licensed to practice their profession. See South Dakota Codified Laws 22-42-1
  • Precursor: or "immediate precursor" a substance which the Department of Health has found to be and by rule designates as being a principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used, in the manufacture of a controlled drug or substance, the control of which is necessary to prevent, curtail, or limit such manufacture. See South Dakota Codified Laws 22-42-1
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Property: anything of value, including, but not limited to, motor vehicles, real estate, tangible and intangible personal property, contract rights, choses-in-action, and other interests in or claims to wealth, admission or transportation tickets, captured or domestic animals, food and drink, electric or other power, services, and signatures which purport to create, maintain, or extinguish any legal obligation. See South Dakota Codified Laws 22-1-2
  • Real property: is coextensive with lands, tenements, and hereditaments. See South Dakota Codified Laws 2-14-2
  • State: the State of South Dakota. See South Dakota Codified Laws 2-14-2
  • Ultimate user: a person who lawfully possesses a controlled drug or substance for that person's own use or for the use of a member of that person's household or for administration to an animal owned by that person or by a member of that person's household. See South Dakota Codified Laws 22-42-1
  • Venue: The geographical location in which a case is tried.
  • Writing: and "written" include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
  • Year: a calendar year. See South Dakota Codified Laws 2-14-2